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Old 02-07-2011, 07:12 PM
 
1 posts, read 7,347 times
Reputation: 12

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First off, I live in Minnesota. Last year, my boss laid me off from full time work and I have been on unemployment since then. He brought me back to work for a couple of months and then laid me off again.

Basically, since then, I have been unemployed for about 5 months. Today, he sent me a text and an email saying he has part time work for me and to call him.

Can I decline working for my boss for a part time position when my unemployment benefits are based on fulltime? Should I even respond to him?

Honestly, working at this place had me very stressed. It caused me stomache problems due to anxiety, and although it was only a 4-5 person company, it was a very hostile workplace, so I'd rather not return. Besides that, I really need full-time work.

Would declining this job affect my UI benefits?

Is there any information you guys can provide for me on what I should do, I would really appreciate it!

Thanks!
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Old 02-07-2011, 07:41 PM
 
Location: Wisconsin
23,446 posts, read 49,926,944 times
Reputation: 18107
Based on this from MN website, you may have grounds for refusing part-time work:
Quote:
Do I have to look for work while requesting unemployment benefits?
If your benefit account is based upon full-time work you must seek full-time work, unless you have verifiable medical restrictions that require you to work part-time.

FAQs: Eligibility Requirements
Also, this is an interesting post:
Quote:
So as not to lie to unemployment, thinking that I "refused work" I reported it. When I had the telephone interview with UE, they said that is NOT a job offer and the guy explained that a job offer and/or refusing work is (1) for permanent employment, (2) a definite offer: as in "we would like you to start work next Monday" (3) with and explanation of the job and the terms: as in "we want you to work here as a [insert job title] from 9am to 5pm monday through friday with two week vacation per year (4) it must be a real job paid with taxes and a W-2.

You are only considered to have "refused" a job or turned down an "offer" if it meets those requirements. A telephone call saying, "I need you to work next week" is not enough. That could be a temp job or a contract job and not a true offer of employment. Or the job could be filled by the time you call back. It has to be a definite offer that you got the job and know what the job is.

You are not required to accept temporary or contract work or 1099 work or off the books work. You are free to do so if you want, but you are not required to take a non-permanent no W-2 job.

//www.city-data.com/forum/16652892-post8.html
Since your claim is based on your full-time work with this employer, he will no doubt be unhappy if you refuse and might challenge your benefits. Although since it is temporary, part-time, you may be within your rights to refuse and not even state on the claim that you refused this work because it does not fit the definition of 'work' since it is part-time.

Every state has different rules. Call MN and ask if you have to accept and/or report refusal of part-time work since your benefits are based on full-time employment. You may or may not reach an agent that knows what they are talking about and may have to inquire more than once.
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Old 02-07-2011, 11:24 PM
 
6,473 posts, read 10,968,157 times
Reputation: 6373
Quote:
Originally Posted by Ristosis View Post
First off, I live in Minnesota. Last year, my boss laid me off from full time work and I have been on unemployment since then. He brought me back to work for a couple of months and then laid me off again.

Basically, since then, I have been unemployed for about 5 months. Today, he sent me a text and an email saying he has part time work for me and to call him.

Can I decline working for my boss for a part time position when my unemployment benefits are based on fulltime? Should I even respond to him?

Honestly, working at this place had me very stressed. It caused me stomache problems due to anxiety, and although it was only a 4-5 person company, it was a very hostile workplace, so I'd rather not return. Besides that, I really need full-time work.

Would declining this job affect my UI benefits?

Is there any information you guys can provide for me on what I should do, I would really appreciate it!

Thanks!
I don't know about MN, but CA will look for ANY reason not to pay you any money.

I would say don't answer his text or email and see what happens. I know from experience that ANYTHING you say he will record for unemployment purposes which is probably why he sent it to you in text and email format. To keep a written trail.

If UE asks why you didn't respond, you can always say you didn't get either the text or email. Text messages get lost and many messages get routed "accidentally" in spam. It's your word against his.
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Old 02-08-2011, 11:47 AM
 
330 posts, read 1,386,674 times
Reputation: 147
Quote:
Originally Posted by marilyn220 View Post
I don't know about MN, but CA will look for ANY reason not to pay you any money.

I would say don't answer his text or email and see what happens. I know from experience that ANYTHING you say he will record for unemployment purposes which is probably why he sent it to you in text and email format. To keep a written trail.

If UE asks why you didn't respond, you can always say you didn't get either the text or email. Text messages get lost and many messages get routed "accidentally" in spam. It's your word against his.
In California, refusing temporary work is grounds for disqualification of UI benefits.
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